I would appreciate if somebody has suggestion regarding following problem:
I'm currently in H-1 status. I'm planning to marry a girl who has overstay problem (To be more candid, she is illegal immigrant). I have Master's degree and seems like I can apply for GC through EB2. What happen to her if I file EB2 or how should I proceed? Thanks!

Well Mr. Solu,
It will not do any good for her. If everything works out fine, you will be able to get a greencardmaker however, your wife will have to wait for new laws (similar to the 245I Life Act back in 12/00). Without this she will not be able to get a greencard thorugh your employment based petition.
thanks

Her green card may be denied or at least it may take long time, hardsome exercise.

As every coin has its two side, USCIS play the same in some cases. But its not 100% sure that her status is questioned when time comes. Sometimes they may overlook her status and grant you both the visa. Send me email for further discussion on it.
laborperm@gmail.com

Becareful with taking chances, some lawyers might be just trying to retain you to make few bucks (however your wife's case does not have any good chance of getting through). Officers are not allowed to adjudicate the cases like hers who has overstayed the visa . I know freind of mine who had overstayed one day before he submitted 485 application , had his GC denied recently by Immigration adjudicators. well just be aware before you spend money on something which can not be done. however you may just start your process as soon as possible that way you can have yours and wait for her to file it later.

What if they both go home to get married before the H1-B is approved. solukoketo can come back to US alone and she will get her H-2 from the Consulate when everything is approved. Assuming they can afford to fly to Nepal and take the time off work, wouldn't that work?

Thanks to all for suggestions. Mayilii Ji, my H-1 B is already approved and I'm working currently. But, haven't got married yet. Thanks

Soluko keto,
your case seems complicated. I am sure they won't give her visa if she go back. So, file green card together and hope it will approve for both of you and make sure she won't leave US. US embassy is getting tighter for overstayed people.

Thanks

Thanks all for the response. What are my chances of reinstating her status as my dependent before filing GC?

Your status will be changed, but not sure about her. It's totally depends upon immigration people. Hope for the best , we can say 50% - 50%

Saan dai